Resources: Investigations

  • Is This Thing On?: Surreptitious Recording Can Constitute Just Cause for Dismissal

    March 17, 2022

    by Adam James

    Your employee places their cellphone on the table as they sit down for the meeting, angling it slightly towards you. You wonder – is this meeting being recorded?

    The ubiquity of cellphones means that HR professionals should assume all conversations with employees are being recorded. But are there any consequences for employees who secretly record conversations with colleagues?

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  • Insolence, Insubordination and After-Acquired Evidence of Just Cause

    March 11, 2022

    by Paige Ainslie

    On November 9, 2021, the B.C. Supreme Court released its decision in the case of Golob v. Fort St. John (City), 2021 BCSC 2192.

    The case concerned a wrongful dismissal claim against the City of Fort St. John by its former Deputy Fire Chief.

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  • Clarification to Law of Employee Surveillance

    March 2, 2022

    by Katelin DueckJordan Michaux

    Elevator law, according to one colleague and despite our best attempts to intervene, has its ups and downs. It has a unique set of characteristics, including its own elevator union (the International Union of Elevator Constructors (IUEC)), industry-specific collective agreements and a workforce of largely independent technicians.

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  • Taking Away Important Responsibilities for Misconduct: Arbitrator Substitutes Permanent Disciplinary Demotion for Discharge

    February 18, 2022

    When considering potential discipline for poor performance, a novel labour arbitration decision suggests a demotion – a permanent disciplinary demotion – may be an appropriate response.

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  • No More Tolerance for Covert Discrimination

    January 11, 2022

    by Kate Jones

    Cybulsky v. Hamilton Health Sciences, [2021] O.H.R.T.D. No. 209 (Letheren) is a boundary-pushing case that shows a growing intolerance for sex or gender discrimination in the workplace, including covert sex or gender discrimination.

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  • BC Labour Relations Board Finds No Anti-Union Animus in Discharge of 30-Year Employee During Organizing Drive

    October 18, 2021

    by James D. Kondopulos

    In Re RMC Ready-Mix Ltd., 2021 BCLRB 99, Vice-Chair Andres Barker of the BC Labour Relations Board held that the discharge of a 30-year employee (“the Employee”) did not amount to an unfair labour practice under the Labour Relations Code as alleged by the union.

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  • Be Careful What You Say: Discharge for Bad Faith Accusations Against Supervisor Upheld

    October 12, 2021

    by Ryan Copeland

    In Teck Coal Ltd. v. United Steel, Paper and Forestry, Rubber, Manufacturing  Energy, Allied Industrial and Service Workers International Union, Local  7884 (Lybacki Grievance), [2021] B.C.C.A.A.A. No. 114 (Glass), Arbitrator Nicholas Glass dismissed a union grievance concerning the discharge of two employees, Lybacki and Sandberg, from their maintenance positions at Teck Coal’s Fording River mine.

    The two were terminated from employment after falsely accusing their supervisor, Hennessey, of being under the influence of alcohol while at work.

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  • Labour Protections Apply Even in Cases of Blatant Racism

    September 27, 2021

    by Andrew Nicholl

    In early July 2021, an employee of Coca Cola (the “Grievor” and “Employer” respectively) was discharged from employment for wearing a bandana with the Confederate flag and the words “The South Will Rise Again” printed on it.

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  • COVID-19-Related Misconduct is Nothing to Sneeze At

    July 29, 2021

    by Rebecca Klass

    In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct.  The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.

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  • Sick Leave Abuse: Unacceptable Even When Working From Home

    July 19, 2021

    by Katelin Dueck

    Over the past year or so, most organizations have moved at least some of their workers to a work-from-home arrangement.  In doing so, employers have placed trust in their workers to complete their tasks and be working as and when required.

    In a recent decision  Arbitrator Arne Peltz considered whether a worker who worked from home could be discharged for sick leave abuse.

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